- (1.) These appeals have been preferred against the judgment dated 19.5.2007 passed by the Special Judge, NDPS Act Cases, Kota in Special Sessions Case No.2/2004, whereby the appellants have been convicted as under: Appellant-Jaswant Singh under section 8/18 of NDPS Act. Ten years RI with fine of Rs.1 lac and in default of payment of fine to further undergo two years simple imprisonment Appellants-Shrichand and Ramkaran under section 8/29 read with section 8/18 of NDPS Act. Ten years RI with fine of Rs.1 lac and in default of payment of fine to further undergo two years simple imprisonment Two co-accused persons namely Deep Chand and Sitaram have been acquitted. S.B.Criminal Appeal No.1447/2007, 1446/2007, 1411/2007 have been preferred against above conviction by the accused appellants whereas S.B.Criminal Appeal No.827/2008 filed by Union of India against the acquittal of respondents Deepchand and Sitaram. As all the appeals arise out of the common judgment, thus, these appeals have also been decided by this common judgment.
(2.) The short facts of the case are that on 27.9.2003, the Preventive Force of Central Narcotics Bureau, Kota was constituted under the leadership of Banwari Lal Chhipa for prevention of smuggling and checking. The Preventive Force reached at 10.20 am at Anantpura Petrol Pump, where they found a jeep was coming towards Kota from Jhalawar. Two persons were sitting in the Jeep. On suspicion, the Car no. HR 41 7010 was intercepted. Two independent witnesses were called. Both the persons were inquired. The driver of the vehicle disclosed his name as Jaswant Singh and other disclosed his name as Ashok Kumar (who being a juvenile, faced trial before the Juvenile Justice Board). After compliance of the mandatory provisions of the Act, search has been made under the chamber of car, opium weighing 12 kg and heroin weighing 40 grams were found. Samples were taken as per the requirement. An FIR No.3/2003 was registered. The statements of Jaswant Singh and Ashok Kumar have been recorded under 67 of the NDPS Act in which they further disclosed the names of other co-accused persons as Ramkaran, Shrichand, Deepchand and Sita Ram. It was also investigated that Shrichand is the owner of the Car which he has purchased from Harnam Singh whereas Ramkaran sold the contraband to Shrichand and Deep Chand and Sitaram were also involved in the conspiracy. After investigation, chargesheet has been filed against five persons. In the course of proceedings, the learned court below has framed charges against all the appellants. Charges were denied. In support of prosecution case, 10 witnesses have been examined. Accused appellants and other coaccused were examined under section 313 Cr.P.C. No defence witness has been produced. After trial, the appellants have been convicted and sentenced as stated above. Hence this appeal.
(3.) Heard learned counsel for the parties and perused the record.;